EXAMPLE: J-1 Exchange Visitor Researcher, Professor or Short-Term Scholar Category and J-2 Dependents
8843
                                                                                                                                              OMB No. 1545-0074
                                       Statement for Exempt Individuals and Individuals
     Form
                                                  With a Medical Condition
                                                                For use by alien individuals only.                                              2009
     Department of the Treasury                     For the year January 1—December 31, 2009, or other tax year                               Attachment
     Internal Revenue Service      beginning                           , 2009, and ending                       , 20                  .       Sequence No.   102
     Your first name and initial                                       Last name                                    Your U.S. taxpayer identification number, if any
      Given Name                                                                                                  SSN or ITIN. If you are filing only this form and do
                                                                     Family Name                                  not have an SSN or ITIN, leave blank
                                   Address in country of residence                               Address in the United States
     Fill in your
     addresses only if             Your permanent residence address in
     you are filing this                                                                                Your local address in the U.S.
                                   your home country
     form by itself and
     not with your tax
     return
      Part I          General Information
                                                                                                    䊳
                                                                                                        1a-Put J-1 and first date of entry into the U.S. as J visa holder
      1a Type of U.S. visa (for example, F, J, M, Q, etc.) and date you entered the United States
       b Current nonimmigrant status and date of change (see instructions) 䊳                            Complete only if your status changed during 2009
                                                                               Enter your country of citizenship
      2   Of what country were you a citizen during the tax year?
      3a  What country issued you a passport?            Enter the name of the country that issued your passport
       b  Enter your passport number 䊳 Enter your passport number
      4a  Enter the actual number
                        4a-For  each of  days years,
                                      of these you were
                                                      enterpresent   in the
                                                            the number       United
                                                                         of days you States  during: present in the U.S. Do not count any days you were outside
                                                                                      were physically
          2009          the U.S.2008                      2007
                                 for any reason (trip home,  vacation, research in a foreign country, etc.)
        b Enter the number  of the
                       4b-Enter days   in number
                                    total  2009 you   claim
                                                 of days  youyou  can
                                                               were     exclude
                                                                    in the U.S. infor purposes
                                                                                   2009. Answer of   the agree
                                                                                                 should  substantial
                                                                                                               with thepresence
                                                                                                                        # of days test 䊳 in 4a for the year 2009
                                                                                                                                  you put
      Part II         Teachers and Trainees
      5     For teachers, enter the name, address, and telephone number of the academic institution where you taught in 2009                                 䊳
             Columbia University in the City of New York, 2960 Broadway, New York, NY 10027-6902 (212) 854-1754
      6     For trainees, enter the name, address, and telephone number of the director of the academic or other specialized program
            you participated in during 2009 䊳 Sarah Taylor, Associate Director, International Students and Scholars Office
             Columbia University, 2960 Broadway, Mail Code 5724, New York, NY 10027, (212) 854-3587
                                                                                                              7. If you were present in the U.S. in J or Q status,
      7   Enter the type of U.S. visa (J or Q) you held during: 䊳        2003            indicate 2004
                                                                                                   which of the listed years by putting J or Q
          2005                 2006                   2007               2008              . If the type of visa you held during any
          of these years changed, attach a statement showing the new visa type and the date it was acquired.
      8 Were you present in the United States as a teacher, trainee, or student for any part of 2 of the 6 prior
          calendar years (2003 through 2008)?                                                 Check Yes or No               Yes          No
          If you checked the “Yes” box on line 8, you cannot exclude days of presence as a teacher or trainee
          unless you meet the Exception explained on page 3.
      Part III    Students                        SKIP PART III
      9     Enter the name, address, and telephone number of the academic institution you attended during 2009                            䊳
     10     Enter the name, address, and telephone number of the director of the academic or other specialized program you participated
            in during 2009 䊳
     11     Enter the type of U.S. visa (F, J, M, or Q) you held during: 䊳      2003                       2004
            2005                  2006                   2007                   2008               . If the type of visa you held during any
            of these years changed, attach a statement showing the new visa type and the date it was acquired.
     12     Were you present in the United States as a teacher, trainee, or student for any part of more than 5 calendar
            years?                                                                                                              Yes        No
            If you checked the “Yes” box on line 12, you must provide sufficient facts on an attached statement to
            establish that you do not intend to reside permanently in the United States.
     13     During 2009, did you apply for, or take other affirmative steps to apply for, lawful permanent resident
            status in the United States or have an application pending to change your status to that of a lawful
            permanent resident of the United States?                                                                                              Yes             No
     14     If you checked the “Yes” box on line 13, explain 䊳
     For Paperwork Reduction Act Notice, see page 4.                                      Cat. No. 17227H                                       Form   8843      (2009)
Form 8843 (2009)                                                                                                                                     Page    2
Part IV       Professional Athletes                  SKIP PART IV
15    Enter the name of the charitable sports event(s) in the United States in which you competed during 2009 and the dates of
      competition 䊳
16    Enter the name(s) and employer identification number(s) of the charitable organization(s) that benefited from the sports
      event(s) 䊳
      Note. You must attach a statement to verify that all of the net proceeds of the sports event(s) were contributed to the charitable
      organization(s) listed on line 16.
Part V        Individuals With a Medical Condition or Medical Problem SKIP PART V
17a Describe the medical condition or medical problem that prevented you from leaving the United States                            䊳
  b Enter the date you intended to leave the United States prior to the onset of the medical condition or medical problem described
    on line 17a 䊳
  c Enter the date you actually left the United States              䊳
18    Physician’s Statement:
      I certify that
                                                                                   Name of taxpayer
      was unable to leave the United States on the date shown on line 17b because of the medical condition or medical problem
      described on line 17a and there was no indication that his or her condition or problem was preexisting.
                                                               Name of physician or other medical official
                                                 Physician’s or other medical official’s address and telephone number
                                          Physician’s or other medical official’s signature                                                Date
Sign here          Under penalties of perjury, I declare that I have examined this form and the accompanying attachments, and to the best of my knowledge and
only if you        belief, they are true, correct, and complete.
are filing
this form by
itself and
not with
                   䊳                                                                                                    䊳
                         Sign your name                                                                                       Date form signed
your tax
return                                                          Your signature                                                             Date
                                                                                                                                         Form     8843   (2009)
Form 8843 (2009)                                                                                                                   Page   3
General Instructions                              5. Days you were an exempt                     3. You were present in the United
                                                individual.                                    States as a teacher or trainee in any of
Section references are to the Internal                                                         the 6 prior years.
Revenue Code unless otherwise                   Exempt Individuals
specified.                                      For purposes of the substantial presence         4. A foreign employer paid all of your
                                                test, an exempt individual includes            compensation during each of those prior
Note. You can download forms and                                                               6 years you were present in the United
publications from the IRS website at            anyone in the following categories.
                                                                                               States as a teacher or trainee.
www.irs.gov.                                    ● A teacher or trainee (defined on this
                                                page).                                           For more details, see Pub. 519, U.S.
Who Must File                                                                                  Tax Guide for Aliens.
                                                ● A student (defined on this page).
If you are an alien individual, you must file                                                    If you meet this exception, you must
Form 8843 to explain the basis of your          ● A professional athlete temporarily           attach information to verify that a foreign
claim that you can exclude days of              present in the United States to compete        employer paid all the compensation you
presence in the United States for               in a charitable sports event.                  received in 2009 and all prior years that
purposes of the substantial presence test       ● An individual temporarily present in         you were present in the United States as
because you:                                    the United States as a foreign                 a teacher or trainee.
● Were an exempt individual (other than a       government-related individual.
foreign government-related individual) or
                                                                                               Part III—Students
                                                Alien individuals with “Q” visas are
                                                                                               A student is an individual who is
● Were unable to leave the United States        treated as students, teachers, or trainees
                                                                                               temporarily present in the United States
because of a medical condition or               and, as such, are exempt individuals for
                                                purposes of the substantial presence test      under an “F,” “J,” “M,” or “Q” visa and
medical problem.                                                                               who substantially complies with the
                                                if they otherwise qualify. “Q” visas are
Substantial Presence Test                       issued to aliens participating in certain      requirements of the visa.
You are considered a U.S. resident if you       international cultural exchange programs.         If you were a student under an “F,”
meet the substantial presence test for                                                         “J,” “M,” or “Q” visa, you are considered
2009. You meet this test if you were            Part II—Teachers and                           to have substantially complied with the
physically present in the United States for     Trainees                                       visa requirements if you have not
at least:                                       A teacher or trainee is an individual who      engaged in activities that are prohibited
● 31 days during 2009 and                       is temporarily present in the United States    by U.S. immigration laws and could
                                                under a “J” or “Q” visa (other than as a       result in the loss of your visa status.
● 183 days during the period 2009, 2008,
and 2007, counting all the days of              student) and who substantially complies           Even if you meet these requirements,
physical presence in 2009 but only 1/3          with the requirements of the visa.             you cannot exclude days of presence in
the number of days of presence in 2008          If you were a teacher or trainee under a       2009 as a student if you were exempt as
and only 1/6 the number of days in 2007.        “J” or “Q” visa, you are considered to         a teacher, trainee, or student for any
                                                have substantially complied with the visa      part of more than 5 calendar years
Note. To claim the closer connection to a                                                      unless you establish that you do not
foreign country(ies) exception to the           requirements if you have not engaged in
                                                activities that are prohibited by U.S.         intend to reside permanently in the
substantial presence test described in                                                         United States. The facts and
Regulations section 301.7701(b)-2, you          immigration laws that could result in the
                                                loss of your “J” or “Q” visa status.           circumstances to be considered in
must file Form 8840, Closer Connection                                                         determining if you have demonstrated an
Exception Statement for Aliens.                   Even if you meet these requirements,         intent to reside permanently in the
Days of presence in the United States.          you cannot exclude days of presence in         United States include, but are not limited
Generally, you are treated as being             2009 as a teacher or trainee if you were       to:
present in the United States on any day         exempt as a teacher, trainee, or student
                                                for any part of 2 of the 6 prior calendar        1. Whether you have maintained a
that you are physically present in the                                                         closer connection to a foreign country
country at any time during the day.             years. But see the Exception below.
                                                                                               than to the United States (for details,
However, you do not count the following            If you qualify to exclude days of           see Pub. 519) and
days of presence in the United States for       presence as a teacher or trainee,
purposes of the substantial presence test.      complete Parts I and II of Form 8843. If         2. Whether you have taken affirmative
                                                you have a “Q” visa, complete Part I and       steps to change your status from
  1. Days you regularly commuted to                                                            nonimmigrant to lawful permanent
work in the United States from a                only lines 6 through 8 of Part II. On line
                                                6, enter the name, address, and                resident.
residence in Canada or Mexico.
                                                telephone number of the director of the           If you qualify to exclude days of
   2. Days you were in the United States        cultural exchange program in which you         presence as a student, complete Parts I
for less than 24 hours when you were            participated.                                  and III of Form 8843. If you have a “Q”
traveling between two places outside the                                                       visa, complete Part I and only lines 10
United States.                                  Exception. If you were exempt as a             through 14 of Part III. On line 10, enter
   3. Days you were temporarily in the          teacher, trainee, or student for any part of   the name, address, and telephone
United States as a regular crew member of       2 of the 6 prior calendar years, you can       number of the director of the cultural
a foreign vessel engaged in transportation      exclude days of presence in 2009 as a          exchange program in which you
between the United States and a foreign         teacher or trainee only if all four of the     participated.
country or a possession of the United           following apply.
States unless you otherwise engaged in             1. You were exempt as a teacher,
trade or business on such a day.                trainee, or student for any part of 3 (or
                                                fewer) of the 6 prior calendar years.
  4. Days you were unable to leave the
United States because of a medical                2. A foreign employer paid all your
condition or medical problem that arose         compensation during 2009.
while you were in the United States.
Form 8843 (2009)                                                                                                          Page   4
Part IV—Professional                        Penalty for Not Filing                      Specific Instructions
Athletes                                    Form 8843                                   Part I—General Information
A professional athlete is an individual     If you do not file Form 8843 on time, you   If you are attaching Form 8843 to Form
who is temporarily present in the           may not exclude the days you were           1040NR or Form 1040NR-EZ, you are
United States to compete in a charitable    present in the United States as a           not required to complete lines 1 through
sports event. For details on charitable     professional athlete or because of a        3b of Form 8843 if you provide the
sports events, see Pub. 519.                medical condition or medical problem        requested information on the
                                            that arose while you were in the United     corresponding lines of Form 1040NR or
  If you qualify to exclude days of
                                            States. Failure to exclude days of          1040NR-EZ. In this case, enter
presence as a professional athlete,
                                            presence in the United States could         "Information provided on Form 1040NR"
complete Parts I and IV of Form 8843.
                                            result in your being considered a U.S.      or "Information provided on Form
Part V—Individuals With a                   resident under the substantial presence     1040NR-EZ" on lines 1 through 3b of
                                            test.                                       Form 8843.
Medical Condition or
                                               You will not be penalized if you can     Line 1b. Enter your current
Medical Problem                             show by clear and convincing evidence       nonimmigrant status, such as that
For purposes of the substantial presence    that you took reasonable actions to         shown on your current Immigration Form
test, do not count the days you intended    become aware of the filing requirements     I-94, Arrival-Departure Record. If your
to leave the United States but could not    and significant steps to comply with        status has changed while in the United
do so because of a medical condition or     those requirements.                         States, enter the date of change.
medical problem that arose while you
were in the United States. Whether you
intended to leave the United States on a
particular day is determined based on all   Paperwork Reduction Act Notice. We ask for the information on this form to carry
the facts and circumstances. For more       out the Internal Revenue laws of the United States. Section 7701(b) and its
details, see Pub. 519.                      regulations require that you give us the information. We need it to determine if you
                                            can exclude days of presence in the United States for purposes of the substantial
  If you qualify to exclude days of         presence test.
presence because of a medical
condition or medical problem, complete        You are not required to provide the information requested on a form that is subject
Part I and lines 17a through 17c. Have      to the Paperwork Reduction Act unless the form displays a valid OMB control
your physician or other medical official    number. Books or records relating to a form or its instructions must be retained as
complete line 18.                           long as their contents may become material in the administration of any Internal
                                            Revenue law. Generally, tax returns and return information are confidential, as
When and Where To File                      required by section 6103.
If you are filing a 2009 Form 1040NR or       The average time and expenses required to complete and file this form will vary
Form 1040NR-EZ, attach Form 8843 to         depending on individual circumstances. For the estimated averages, see the
it. Mail your tax return by the due date    instructions for your income tax return.
(including extensions) to the address
shown in your tax return instructions.         If you have suggestions for making this form simpler, we would be happy to hear
                                            from you. See the instructions for your income tax return.
  If you do not have to file a 2009 tax
return, mail Form 8843 to the
Department of the Treasury, Internal
Revenue Service Center, Austin, TX
73301-0215 by the due date (including
extensions) for filing Form 1040NR or
Form 1040NR-EZ.